Print
The Vermont Statutes Online
Title
05
:
Aeronautics and Surface Transportation Generally
Chapter
068
:
CONSTRUCTION AND OPERATION OF THE ROAD
Subchapter
005
:
BRIDGES, TRACKS, STATIONS, AND EQUIPMENT
§
3670. Clearance standards; variance
(a) No person
shall construct, alter, or permit construction or alteration of a railroad
track, railroad bridge, or structure over or adjacent to any railroad track
unless the clearances provided equal or exceed the minimum standards set forth
in the American Railway Engineering Association's Manual for Railway
Engineering, as in effect at the time work begins.
(b) Subject to
the approval of the transportation board, a variance from the standards
established by this section may be established by written agreement of the
agency of transportation, all involved railroad companies and any affected
municipality.
(c) If the
parties are unable to agree on a variance request, the transportation board,
after notice and hearing, may grant a variance from the standards established
by this section if the board determines that:
(1) the agency
of transportation, all involved railroad companies and any affected
municipality have had an opportunity to review and comment on the variance
request;
(2) granting the
variance will not significantly impair the safe, efficient, continuous movement
of freight, passengers and railroad equipment on the state's railroad system or
the safe, efficient performance of railroad maintenance operations; and
(3) the costs
and impacts associated with meeting the clearance standards established by this
section would exceed any public benefits reasonably likely to flow from
adhering to such standards.
(d)
Notwithstanding this section, tracks, bridges and structures lawfully in
existence (or already under construction) on the effective date of this act may
continue to be used and repaired, provided that clearances are not further
reduced. (Added 1989, No. 246 (Adj. Sess.), § 27; amended 1993, No. 172 (Adj.
Sess.), § 62.)
